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Republic of the Philippines

REGIONAL TRIAL COURT


Branch x
Butuan City
LIWANAG DILIMAN
Plaintif
-versus-

Civil Case No. 321654


For: Unlawful Detainer

RESURRECCION MAKABUHAY,
Respondent
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

ANSWER
COMES NOW RESURRECCION MAKABUHAY, by counsel and
unto this Honorable Court, respectfully states and avers that:
1. Defendant admits the allegations contained in paragraphs 1, 2, 3, and
5 of the Complaint;
2. Defendant denies the allegations contained in paragraph 4 of the
Complaint insofar as the period of lease contract is concerned.
Defendant and Plaintif entered into a lease agreement whereby the
Plaintif agreed to rent out her apartment for a period of three (4) years
starting in 01 January 2012. A copy of the Contract of Lease is attached
as Annex 1;
3. For paragraphs 6 and 7 of the Complaint, the Defendant vehemently
denies, the truth being that the latter has religiously paid her monthly
rentals and only missed to deliver the same for the months of
November and December 2014.
4. The Defendant vehemently denies the allegations contained in
paragraphs 8 and 9 of the Complaint; No demands, whether oral or
written, were ever received by Defendant.
5. Insofar as paragraph 12 of the Complaint, the Defendant was never
arrogant during the conciliation proceedings. How can the Defendant
be arrogant when she was new to the community? Furthermore, the
Defendant was willing to settle the case by asking the Plaintif to return
the advance rental and security deposit to which the Plaintif refused;

6. Considering the Defendant having paid the rentals in advance and the
security deposit, Plaintif has no right to evict the former;

7. Defendant had experienced harassment causing sleepless nights and


peace of mind to the extent that the Defendant studies as a law
student had sufered. In this regard, the Plaintif should be made liable
to pay moral damages amounting to PhP30,000.00;
8. In instituting this unwarranted and clearly unfounded suit against the
Defendant, Plaintif had acted in a wanton, fraudulent, reckless and
malevolent manner and, by way of example or correction for the public
good, Plaintif should be made liable to pay Defendant exemplary
damages in the total amount of PESOS:ONE HUNDRED THOUSAND
(P100,000.00);
9. As a further consequence of the malicious and wrongful filing of the
present action, Defendant was constrained to hire the services of
counsel for a legal fee of PESOS: FIFTY THOUSAND (P50,000.00), plus
PESOS:TWO THOSUAND (P2,000.00) per court appearance, and to
incur expenses of litigation for which plaintif should be made to pay.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant respectfully
prays to this Honorable Court to:
a) Compel the Plaintif to honor the lease agreement;
b) In the alternative, to order the Plaintif to return the unused
advance rental paid amounting to PESOS:TEN THOUSAND
(PhP10,000.00) and the security deposit amounting to
PESOS:TWENTY THOUSAND (PhP20,000.00);
c) AWARD moral damages in the amount of PhP 30,000.00;
d) AWARD exemplary
100,000.00;

damages

in

the

amount

of

PhP

e) AWARD Attorneys fee in the amount of PhP 60,000.00; and


f) Cost of suit.
Defendant prays for such other reliefs, just and equitable under
the circumstances.
Butuan City; January 15, 2016.

ERNANI T. TADILI
Counsel for the Defense
J.C Aquino St., Butuan City
Tel No. 0922-8766890

Email: etadili@gmail.com
PTR No. 234235/1.5.16/ Butuan City
IBP No. 1231443/12.30.15/Butuan City
Roll of Attorneys No. 86737395/3.15.2010
MCLE Compliance No. V- 13428
TIN 131-0000-13-5

Republic of the Philippines


)
Butuan City
) s.s.

VERIFICATION AND CERTIFICATION


OF NON-FORUM SHOPPING
I, RESURRECCION MAKABUHAY, of legal age, Filipino, and with
postal address #342 Liwayway St., Luz Village, Butuan City, after
having been duly sworn in accordance with law, hereby depose and
state that:
1. I am the Plaintif in the above-mentioned case;
2. I have caused the preparation and filing of the foregoing
Complaint;
3. I have read the contents of the foregoing Complaint; the facts
stated therein are true and correct to the best of my own
personal knowledge and based on authentic records;
4. I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, Court of
Appeals, or diferent divisions thereof, or any other tribunal
or agency, and that to the best of my knowledge, no such
action or proceeding is pending in the Supreme Court, Court
of Appeals, or diferent divisions thereof, or in any other
tribunal or agency;
5. If I should thereafter learn that the same or similar action or
proceeding has been filed or is pending before the Supreme
Court, Court of Appeals, or diferent divisions thereof, or in
any other tribunal or agency, I undertake to promptly report
such fact within five (5) days to this Honorable Court;
6. This Verification/Certification of Non-Forum Shopping is being
filed in good faith.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
15 day of January 2016 at the City of Butuan.
th

RESURRECCION MAKABUHAY
Affiant

SUBSCRIBED AND SWORN TO before me this 15 th day of January


2016 at the City of Butuan; affiant with a competent evidence of
identity and exhibiting to me her Drivers License No. 456789, issued
on January 1, 2012 by the Land Transportation Office, bearing her
photograph and signature.

ERNANI T. TADILI
NOTARY PUBLIC
R. Calo St., Butuan City
Commission Serial No. 5637394
Until December 31, 2016
Roll of Attorney
86737295/3.15.2010
IBP No. 1231443/12.30.15/Butuan
City
PTR No. 234235/1.5.16/ Butuan
City
MCLE Compliance No. V- 13428
TIN 131-0000-13-59
Doc. No. 52;
Page No. 89;
Book No. 24;
Series of 2016.

CERTIFICATE OF SERVICE
We certify that on 26th of January 2016, the original of this document
was filed with the Clerk of Court; and, a true and accurate copy of this
document was served on the other party mail, addressed to the
following:
TO: Atty. Juan Tamad
J.C. Aquino Avenue, Butuan City

RESURRECCION MAKABUHAY
Defendant

EXPLANATION

A copy hereof is served on opposing counsel and the Regional Trial


Court by registered mail, instead of by personal service, due to the
urgency of filing the same and due to lack of messenger of the
undersigned counsel for the moment.

ATTY. ERNANI T. TADILI


Counsel for Defendant

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